McDowell & Craig v. City of Santa Fe Springs

In this appeal from a judgment denying a writ of mandate and upholding the validity of an annexation of inhabited territory undertaken by respondent City of Santa Fe Springs, we have concluded that the trial court correctly resolved the issue of the time at which under pertinent statutes contiguity of the new territory to the city is to be determined, and that the judgment should be affirmed.

The undisputed facts are as follows:

On May 22, 1957, the city council of Santa Fe Springs passed a resolution approving the circulation of a petition for the annexation of the parcel of inhabited land here involved, under the provisions of the Annexation Act of 1913, hereinafter sometimes called the inhabited act (Gov. Code, §§ 35100-35158 1 ), and more particularly under section 35113. At that time the inhabited land was not contiguous to the city, but was contiguous to another parcel of land (uninhabited) which became contiguous to the city on September 6, 1957, when its annexation to the city was completed. The subject inhabited land thereupon likewise became contiguous to the city on September 6,1957.

Thereafter the petition was circulated, and on September 12, 1957, such petition for…